Health Canada is looking to continue forward with regulations of products used for vaping. The goal is to keep young people from accessing nicotine and becoming addicted. They also want to allow adult smokers to legally use vaping products as a way to quit smoking or as a less harmful option for tobacco.

On the latest news releases, the Canadian Government was looking to introduce new legislation for tobacco products and for vaping.

The Senate tabled Bill S 5 which would make changes to the Tobacco Act and the nonsmoker’s Health Act.

It takes several steps for the bill to become a law.

  • The first reading was completed on 11/22/2016
  • The second reading date is still to be announced
  • Committee stage- this may or may not take input from the public
  • Then there is the Report stage
  • Followed by the Third Reading

The Senate bill will then be sent to the House of Commons which has a similar process but they must include public consultation.

A conference calls with Technical Briefing was held by the Health Canada Officials and the Stakeholders were given invites to attend it. This will include information on the bill and a session for questions and answers.

Note: We are not lawyers and our interpretation may be different than the true meaning of the bill. We want to put something out there for everyone to try to answer questions in one area. If we seek legal advice our interpretations may change.

The bill is only the framework for any laws. They are not enforceable. All of the details will come once the bill was passed by the House of Commons, the Royal Assent. At this time not all of the answers are known.

There is a briefing of Bill S 5:

  • The current plan for Market Authorization is the same except that the bill is looking to create a new way to market Recreational Tobacco Harm Reduction which we want to be viewed as an industry.
  • Nicotine that is used in e-liquids will no longer be under the control of food and drug regulations. It will be placed under the new tobacco and vaping products legislation. This will monitor the sales and importing of the e-liquids in Canada and the law will support this.
  • The new legislation for vaping did not include tobacco. The vaping products are still separate from tobacco. The bill is looking to set a framework for them separately. Only a couple of areas are shared by vaping and tobacco products.
  • This new legislation is going off of HESA reports and their recommendations. The ECTA was involved in this decision and they reached a compromise with HESA.
  • The importer of the products needs to make sure they comply with all of these regulations.

Specific for the Manufacturer:

  • There is a framework for a manufacturer to be approved in Canada. They will need to follow the labeling standards which have not yet been decided.
  • They will need to provide information for their liquids but that information has yet to be determined.
  • Product testing will need to follow specific regulations.
  • Some ingredients will not be allowed for e-liquid. They include:
    • Caffeine
    • Amino acids
    • Essential fatty acids
    • Artificial coloring
    • Glucuronolactone
    • Probiotics
    • Vitamins
    • Taurine
    • Minerals
  • There will be additional information that will need to be given to the public.

Wholesalers, Retails, Manufacturers, and Distributors

  • There will be no sales made to anyone under the age of 18 and this is already in place. In some areas, the age may be higher such as 19 in Ontario.
  • There can be no advertising for lifestyle including making the ads enjoyable or sexy.
  • Advertising should only be put in magazines viewed by adults
    • Areas where those under 18 are not allowed
  • There will be no advertising that may be appealing to young people.
  • Logos and symbols and other items appealing to children cannot be used.
  • Words referencing foods or desserts cannot be used.
  • Some banned words include:
    • Dessert
    • Cannabis
    • Confectionery
    • Energy drink
    • Soft drinks or soda
  • There is still no ruling on hardware items.
  • Giveaways may be okay for the business but they will need to follow specific guidelines.
  • Customer reviews or testimonials cannot be used.
  • Any health claims are forbidden.
  • This cannot be advertised as a healthier smoking alternative.
  • It cannot discourage smoking cessation products.
  • There can be no image on the packaging that will talk about flavor.
  • If the product is inspected and does not meet the compliances it will need to be removed from the market.
  • Vaping in federal space is subject to restrictions. Vaping in public places must follow local rules.

The government has stated that vaping is not the same as tobacco and they are glad that the Health Minister has stated this too. This information will appear on the bill.

There are no major changes that are in place for this bill. Once it can be passed in the Senate and the House of Commons there will be several stages for implementation.

We are awaiting clarification on this bill and think they may be some small changes to keep things moving forward. We are working for the least restrictive regulations and those that do not like vaping are looking to make it more restrictive. Not everyone is going to be happy with the final bill but vaping will be continued to be supported by the Tobacco Harm Reduction technology and the law.